3.1 21-0829 Subject: Amendments To Oakland Planning Code Related To Accessory Dwelling Units
From: Planning & Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance, As Recommended By The City Planning Commission, Amending The Oakland Planning Code To: 1) Revise Regulations For Accessory Dwelling Units (ADUs) And Junior Accessory Dwelling Units (JADUs) To Comply With State Law; 2) Amend The S-9 Zoning Overlay Zone That Identifies Areas In The City Where ADUs Are Restricted To One Internal Conversion ADU Or JADU Per Residential Lot; 3) Provide An Exception Mechanism For Allowing Attached And Detached ADUs In The S-9 Zoning Overlay Zone; 4) Provide Additional Wildfire Building Protections In S-9 Zoning Overlay Zone; 5) Make Conforming Changes In Various Sections Of The Oakland Planning Code Related To ADUs; And 6) Make Appropriate California Environmental Quality Act (CEQA) Findings
The Bridge Association of Realtors respectfully request that city council make the following simple amendment to the ADU planning code amendments before you today:
Allow ADUs a maximum height of 20 feet.
The proposed regulations allow for an 18-foot structure for “Category 2, one-family ADUs” which can accommodate two stories, however, adding just 2 feet to the limit and allowing for a 20-foot structure would provide far greater flexibility to actually achieve a two story structure.
Two-story ADUs reduce the ADU footprint with a possible 50% reduction in building footprint for some configurations. This in turn preserves open space, allows flexible configurations on small lots and provides overall flexibility in design.
Additionally, We realized that there has been much attention on this item and that there is a desire to move forward regardless of concerns that the proposed planning code amendments may not be fully state law compliant.
State law requires a local government, upon adoption of an ADU ordinance, to submit a copy of the adopted ordinance to the California Department of Housing and Community Development (HCD) within 60 days after adoption for review. Gov. Code, § 65852.2, subd. (h)(1).
We respectfully request that you direct staff to immediately forward the ordinance to HCD in order to expedite this process. Stakeholders have been waiting for some time for these updates to be completed and any reduction in delay would be welcome.
The Bridge Association of Realtors respectfully request that city council make the following simple amendment to the ADU planning code amendments before you today:
Allow ADUs a maximum height of 20 feet.
The proposed regulations allow for an 18-foot structure for “Category 2, one-family ADUs” which can accommodate two stories, however, adding just 2 feet to the limit and allowing for a 20-foot structure would provide far greater flexibility to actually achieve a two story structure.
Two-story ADUs reduce the ADU footprint with a possible 50% reduction in building footprint for some configurations. This in turn preserves open space, allows flexible configurations on small lots and provides overall flexibility in design.
Additionally, We realized that there has been much attention on this item and that there is a desire to move forward regardless of concerns that the proposed planning code amendments may not be fully state law compliant.
State law requires a local government, upon adoption of an ADU ordinance, to submit a copy of the adopted ordinance to the California Department of Housing and Community Development (HCD) within 60 days after adoption for review. Gov. Code, § 65852.2, subd. (h)(1).
We respectfully request that you direct staff to immediately forward the ordinance to HCD in order to expedite this process. Stakeholders have been waiting for some time for these updates to be completed and any reduction in delay would be welcome.